Legal Question in Military Law in Vermont

Unjustified oth

Hi I am 27 years old and originally from Texas and have been in the Marine Corps for a little over 8 years now... About a year back I was sent on recruiting duty not by choose to Vermont... Well I tried to make the best of it any way... About 3 months into it I was struggling and feeling very unhappy. I went to my SNCOIC and told him that I dont wont to recruit anymore... I did not say I did not want to be a Marine anymore!!!! Currently I am awaiting Court-Martial, but have been told that I will be seperated in Leu of trial with an OTH... After 8 years of honorable service and 2 tours in Iraq I feel that the whole situation is unjustified... ie.. The crime does'nt fit the punishment so to speak... I do have information that I can bring up to cut a deal possibly but, I would be ending someone else's career. Someone that has a family... One of the main reasons for my choose to refuse to recruit was that the orders I was receiving were placing my integrity in question... I have not yet spoken to my appointed attorney yet but should here from he/or she soon... What are my options here? I refuse to let the Marine Corps label me bad and ruin any future careers I may want to pursue... Please HELP


Asked on 1/17/08, 10:32 am

2 Answers from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Unjustified oth

This is not a secure forum, so my response will be general. You cannot get out via a Discharge In Lieu of a court-martial unless YOU sign the paperwork saything that is what you want - it cannot be forced on you! But, it is SOP for most units in the USMC.

You do not say what the charges are against you, disrespect, failure to obey a lawful order, or whatever. Were you offered Nonjudicial punishment under Article 15, UCMJ or not.

But, with your record it would seem that you are indeed getting the "railroad" job. Please email me at [email protected] to give me more information and I can give you a more detailed response or send me your phone number and I will call you.

Good luck Marine!

Don Rehkopf - Veteran

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Answered on 1/17/08, 6:39 pm
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Unjustified oth

Please call or email for a free consultation.

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Answered on 1/17/08, 11:01 am


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